Court emphasized the right to timely implementation of promotion requests and equal opportunities among tradesmen, underscoring the need for a reasonable timeframe in addressing promotional stagnation.

Headnote:(A) The Constitution of India, Article 14 and Article 226 - Promotion - Stagnation in promotional posts for CT/Mochi rank in CRPF - Petitioners seek directions for time-bound implementation of cadre review for promotion and creation of posts - The court found that representation was acknowledged but lacked a specified timeframe for implementation. (Paras 2-8)

(B) Fundamental Rights - Equal opportunity - The petitioners argued for equal promotional opportunities comparably to other tradesmen, emphasizing similar eligibility conditions. (Paras 3-6)

Facts of the case:
Petitioners, serving as CT/Mochi in CRPF, faced stagnation in promotions due to non-availability of posts and unequal treatment in comparison to other tradesmen. They sought the creation of HC/Cobbler posts at the unit level and timely consideration of their grievances.

Findings of Court:
The court directed the Ministry of Home Affairs to review the cadre proposal within three months, highlighting the lack of explicit timelines for promotions.

Issues: The primary issue was related to the urgency of implementing the cadre review proposal for promotions and the lack of specified timelines.

Ratio Decidendi: The court emphasized the necessity of addressing the petitioners' representation in a reasonable timeframe to ensure equal promotional opportunities.

Result: Writ petition disposed of with directions for timely action.

Table of Content
1. representation of stagnated promotion of ct/mochi (Para 2 , 3 , 4)
2. lack of timeline for implementation of cadre review (Para 5 , 6)
3. court directs timely resolution of cadre review claims (Para 7 , 8)

JUDGMENT

Manmohan, J. (ORAL)--The petition has been heard by way of video conferencing.

2. Present writ petition has been filed seeking directions to the respondents to implement the letter dated 30th November, 2021 in a time- bound manner and decide the Petitioners' representation dated 1st November, 2021 and allow the Petitioners' request to create the HC/Mochi Rank at the unit level and remove the stagnation in promotion at Group Centre level.

3. Learned counsel for the Petitioners states that the Petitioners are working at the post of CT/Mochi with the CRPF who have not been granted promotion to the next rank due to non-availability of promotional posts at the unit level or at the Group Centre level in their specific trade. He emphasises that despite the Pay Band and Grade pay/Pay scale, eligibility condition, physical efficiency and medical standard of all tradesmen being similar, there exists a promotional stagnation in the Petitioners' trade of Mochi.

4. He states that the Petitioners preferred a representation dated 1st November, 2021 thereby communicating their grievance of delayed and stagnated promotion of CT/Cobbler compared to other tradesmen for the post of HC/Cobbler and a request was made to create the post of HC/Cobbler at the unit level.

5. He points out that in response to the representation dated 1st November, 2021, the respondents issued a letter dated 30th November, 2021, whereby it was informed that the Cadre Review proposal of Group 'C' Tradesman ranks, including Cobbler post, had been sent to the Ministry of Home Affairs. The letter dated 30th November, 2021 is reproduced hereinbelow:

"Through Registered post

DIRECTORATE GENERAL. CRPF

KENDRIYA KARYALAYA PARISAR. LODHI ROAD; NEW DELHI- 110003

(Ministry of Home Affairs)

No. M.V.l/2021-Estt-DA-5(P/Cell)

Dated, the 3 November, 2021.

To,

Shri Abhay Kumar Bhargava & Shri Rahul Maurya

Advocates Delhi High Court

12a, Top Floor, Bhopal Lane,

Hospital Road, Jangpura Bogal

Delhi-14,

Subject Representation regarding delayed promotion/stagnation of CT{Cobbler compared to the other Tradesmen for the post of HC/Cobbler.

May ref your letter dated 01-11-2021 vide which a representation on behalf of F/No. 061390039 CT/Cobbler Akhilesh Singh of 118 Bn CRPF received in this Dte therein requesting to create the post of HC/Cobbler at the unit level to remove the stagnation in promotion at GC level.

2. The representation of the Individual has been examined in detail. In this connection, it is informed that proposal of creation of posts of HC/Cobbler in each unit in order to remove the stagnation in promotion of CT/Cobbler is concerned, this Organization has already submitted a Cadre Review proposal of Group 'C' Tradesman ranks including Cobbler post to MHA recently, wherein proposed creation of one post of HC (Cobbler) in each GD Units. It is further added that one post of HC (Cobbler) is already authorized in each GC.

Sd/-

(P.K.Sharma)

DIG (Estt) Dte.

No.M.V.1/2021-Estt-DA-5(P/Cell)

Copy to:-

The Commandant, 118 Bn for information and inform F/No.061390037 CT/Cobbler Akhilesh Singh of your unit accordingly.

Sd/-

(P.K.Sharma)

DIG(Estt)Dte."

6. However, learned counsel for the petitioners contends that no time frame has been mentioned as to when the petitioners will be promoted or as to when cadre review proposal will be effectively implemented.

7. Issue notice. Ms.Suneita Ojha, learned counsel for the respondents accepts notice. She states that the cadre review exercise is at an advanced stage.

8. Keeping in view the aforesaid, this Court directs the Ministry of Home Affairs to decide the petitioners' request for cadre review mentioned in the letter dated 30th November, 2020 (Annexure P-5) to the present writ petition in accordance with law wi

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